Fuller v. Swan River Placer Co.

• Decision Date: 01 December 1879
• Citation: Fuller v. Swan River Placer Co., 5 Colo. 123 (Colo. 1879)
• Parties: FULLER AT AL. v. SWAN RIVER PLACER CO.
• Court: Colorado Supreme Court

5 Colo. 123

FULLER AT AL. v. SWAN RIVER PLACER CO.

Supreme Court of Colorado

December, 1879

Appeal from District Court of Jefferson County.

MOTION to dismiss appeal.

Messrs WELLS, SMITH & MACON, for appellee.

Messrs TELLER & REED, contra.

PER CURIAM.

The defendants below jointly prayed an appeal, which was 'granted upon condition that they file their appeal bond' within a time limited. The bond filed is not a compliance with the conditions; it is executed by a part of the defendants only. Two who joined in the prayer for the appeal do not execute the bond.

In the case of Andre v. Jones, 1 Col. 489, it was held that a joint appeal of two could not be prosecuted by one only. The statute authorizes one of several defendants to remove a cause to this court by appeal, and in such case he is permitted to use the names of all the defendants if necessary. (Sess Laws 1879, p. 226, Sec. 30.)

This however, does not affect the rule that a joint appeal by all the defendants, allowed upon the condition of filing a joint bond, must be prosecuted by all. Andre v. Jones, 1 Col. 489; Watson v. Thrall, 3 Gilm. 69; Johnson v. Barber, 4 Gilm. 1.

It is not necessary to notice the other objections.

The motion to dismiss is...